Here:
Engry ID 4678343 ACCEPTED Appellees’ Brief 2018.07.02 (00191936x9D7F5)
Entry ID 4683480 Reply Brief of Appellant 2018.07.17 (00192205x9D7F5)
Prior posts here.
Eighth Circuit
Guest Post: Kirsten Matoy Carlson on Eighth Circuit Judge Diana Murphy
In Remembrance: Judge Diana Murphy
Last month, Indian country lost a powerful advocate and friend, the Honorable Diana E. Murphy of the U.S. Court of Appeals for the Eighth Circuit. Judge Murphy was the first woman appointed to the Court of Appeals for the Eighth Circuit, and she remained the only women on the court for decades. Unlike many federal appellate judges, she served as a district court judge for over a decade before joining the Court of Appeals.
During her thirty-plus years on the federal bench, Judge Murphy heard almost 50 cases and wrote close to two dozen opinions related to federal Indian law. Her majority, concurring, and dissenting opinions covered a wide range of topics, including, inter alia, land-into-trust, taxation, gaming, tribal civil adjudicatory jurisdiction, tribal sovereign immunity, treaty rights, reservation boundaries, and criminal jurisdiction. Her Indian law jurisprudence reflected her remarkable ability to tackle complicated factual and historical patterns, to read closely and identify the relevant facts in their historical context, to apply the law precisely to those facts, and to value and give voice to cultures and ways of life distinct from her own. She was one of those rare federal judges who recognized Indian nations and their people for what they are: sovereign governments with distinctive cultures and ways of life.
Among Judge Murphy’s well known majority opinions are:
Mille Lacs Band of Chippewa Indians v. Minnesota Dep’t of Natural Resources, 861 F. Supp. 784 (Dist. Minn. 1994) — 861_f.supp._784
Gaming Corp. of Am. v. Dorsey & Whitney, 88 F.3d 536 (8th Cir. 1996) — 88_f.3d_536
United States v. Brown, 777 F.3d 1025 (8th Cir. 2015) — 777_f.3d_1025
County of Charles Mix v. United States DOI, 674 F.3d 898 (8th Cir. 2015) — 674_f.3d_898
Hornell Brewing Co. v. Rosebud Sioux Tribal Court, 133 F.3d 1087 (8th Cir. 1998) — 133_f.3d_1087
Leech Lake Band of Chippewa Indians v. Cass County, 108 F.3d 820 (8th Cir. 1997) — 108_f.3d_820
Yankton Sioux Tribe v. Podhradsky, 577 F.3d 951 (8th Cir. 2009) — 577_f.3d_951
Gaming World Int’l v. White Earth Band of Chippewa Indians, 317 F.3d 840 (8th Cir. 2003) — 317_f.3d_840
United States v. Santee Sioux Tribe, 254 F.3d 728 (8th Cir. 2001) — 254_f.3d_728
United States v. Santee Sioux Tribe of Neb., 324 F.3d 607 (8th Cir. 2003) — 324_f.3d_607
Bettor Racing, Inc. v. Nat’l Indian Gaming Comm’n, 812 F.3d 648 (8th Cir. 2016) — 812_f.3d_648
City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa, 785 F.3d 1207 (8th Cir. 2015) — 785_f.3d_1207
United States ex rel. Bernard v. Casino Magic Corp., 384 F.3d 510 (8th Cir. 2004) — 384_f.3d_510
Plains Commerce Bank v. Long Family Land & Cattle Co., 491 F.3d 878 (8th Cir. 2007) — 491_f.3d_878
Attorney’s Process & Investigation Servs. v. Sac & Fox Tribe, 609 F.3d 927 (8th Cir. 2010) — 609_f.3d_927
DISH Network Serv. L.L.C. v. Laducer, 725 F.3d 877 (8th Cir. 2013) — 725_f.3d_877
Judge Murphy also wrote several powerful concurrences and dissents, including:
Nord v. Kelly, 520 F.3d 848 (8th Cir. 2008) (concurrence) — 520_f.3d_848
Fond Du Lac Band of Lake Superior Chippewa v. Frans, 649 F.3d 849 (8th Cir. 2011) (dissent) — 649_f.3d_849
South Dakota v. United States DOI, 69 F.3d 878 (8th Cir. 1995) (dissent) — 69_f.3d_878
Eighth Circuit Denies North Dakota’s Motion for Stay in Brakebill v. Jaeger
Eighth Circuit Decides Sisseton-Wahpeton Oyate v. U.S. Corps of Engineers
Here is the opinion. The court’s syllabus:
Action challenging the issuance of Clean Water Act permits allowing a farm owner to dredge and fill portions of Enemy Swim Lake in furtherance of the owner’s activities in building a road over an inlet of the lake; a 2010 letter from the Corps was not a final agency action for purposes of the permit and exemptions determinations as the letter did not affect the legal rights of the farm owner, the Tribe or the Corps; Tribe’s recapture claim under 33 U.S.C. Sec. 1344(f)(2) was a nonjusticiable enforcement action; Tribe’s claims arising from the Corps’s permit and exemption determinations made from 1998 to 2003 were barred by the statute of limitations and the Tribe was not eligible for equitable tolling because it had not diligently pursued its rights; dismissal of the Tribe’s arbitrary-and-capricious challenge to the Corps’s 2009 permit decision rejected as the Corps did not violate its own regulations in issuing the 2009 nationwide-permit determination; the district court did not make a final decision with respect to the lawfulness of the Corps’s regulations enacted pursuant to the National Historic Preservation Act, and the court lacked jurisdiction to review the lawfulness of the regulations.
Eighth Circuit Briefs in Stanko v. Oglala Sioux Tribe [traffic ticket]
Eighth Circuit Oglala Sioux ICWA Case Oral Arguments
Eighth Circuit Rejects Effort to Enjoin Police Use of Dangerous Weapons at Standing Rock
Here is the unpublished opinion in Dundon v. Kirchmeier.
Briefs:
Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)
Here are the materials in United States v. Long:
An excerpt from the dissent:
A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” in which he sustained the misdemeanor conviction, or if he “waived the right to counsel in the case.” 18 U.S.C. § 921(a)(33)(B)(i)(I). It is undisputed that Long did not waive the right to counsel and that he was not represented by a lawyer in the case. The court concludes, however, that because Long was represented in the case by a nonlawyer, dubbed a “lay counsel” by the Rosebud Sioux Tribe, he was “represented by counsel in the case.” I believe that this conclusion is inconsistent with the meaning of the word “counsel” in the statute, so I would reverse Long’s conviction for possession of a firearm as a prohibited person.
Eighth Circuit Vacates Sentence in United States v. Spotted Horse
Here.
Eighth Circuit Enjoins Pursuit of Tribal Remedies in Minerals Royalties Dispute
Here is the opinion in Enerplus Resources (USA) Corporation v. Wilkinson.
Materials here.
Turtle Talk 
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